THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
16/2001/QD-TTg
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Hanoi,
February 12, 2001
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DECISION
ISSUING THE REGULATION ON ORGANIZATION AND OPERATION OF THE
NATIONAL UNIVERSITIES
THE PRIME MINISTER
Pursuant to the September 30, 1992 Law on
Organization of the Government;
Pursuant to the December 2, 1998 Education Law;
Pursuant to Decree No. 43/2000/ND-CP of August 30, 2000 detailing and guiding
the implementation of a number of articles of the Education Law;
Pursuant to the Government’s Decree No. 07/2001/ND-CP of February 1, 2001 on
National Universities;
At the proposals of the Minister-Chairman of the Government Commission for
Organization and Personnel and the Minister of Education and Training
DECIDES:
Article 1.- To issue
together with this Decision the Regulation on organization and operation of the
National Universities.
Article 2.- This
Decision takes effect 15 days after its signing. All previous documents which
are contrary to this Decision are hereby annulled.
Article 3.- The director
of Hanoi National University, the director of Ho Chi Minh City National University,
the ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government and the presidents of the provinces and
centrally-run cities shall have to implement this Decision.
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PRIME MINISTER
Phan Van Khai
REGULATION
ON ORGANIZATION AND OPERATION OF THE NATIONAL UNIVERSITIES
(Issued together with the Prime Ministers Decision No. 16/2001/QD-TTg of
February 12, 2001)
Chapter I
GENERAL PROVISIONS
Article 1.- This
Regulation prescribes the organization and operation of Hanoi National
University and Ho Chi Minh City National University (hereinafter collectively
called the National Universities).
Article 2.- The
organization and operation of the National Universities must ensure the
following requirements:
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2. Having advanced programs, textbooks and
teaching methods;
3. Having a strong and comprehensive contingent
of scientific workers;
4. Closely combining training with scientific
research, development and application, natural sciences with social sciences
and humanities, science with technology in order to train high-quality human
resources and foster scientific and technological talents;
5. Enjoying high autonomy in training,
scientific-technological research, financial, international relation activities
and in their organizational apparatuses.
Article 3.- The National
Universities shall receive priority investment from the State in their
personnel, finance, material bases, equipment and facilities in order to raise
the quality and effectiveness of their training, scientific and technological
research, development and application, so that they can step by step develop to
such extent on a par with prestigious universities in the region and the world.
Article 4.- The National
Universities shall be subject to the State management by the Ministry of
Education and Training, by other ministries and branches and the People’s
Committees of the localities where they are based, within the scope of the
latter’s respective functions as defined by the Government and in accordance
with law.
Article 5.- The
Communist Party of Vietnam and social and mass organizations in the National
Universities shall operate in accordance with Articles 51 and 52 of the
Education Law.
Chapter II
ORGANIZATION
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Article 7.- Each
National University shall have the legal person status, a seal bearing the
national emblem, and own accounts.
Article 8.- The
organizational structure of each National University shall be composed of the
following units:
1. Member universities (hereinafter called
universities for short);
2. Scientific and technological research
institutes (hereinafter called research institutes for short);
3. The National Universitys office and several
functional divisions organized on the principle of quality, compactness and
effectiveness.
4. Attached departments and scientific and
technological research centers;
5. Attached units in service of training,
scientific research, development and application, such as central laboratories,
scientific museums, information and library system, printing houses, network of
students� dormitories
6. Publishing houses, scientific reviews.
Article 9.- Each
National University shall have one director and several deputy directors.
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2. Deputy directors shall assist the directors
in taking charge of work domains assigned by the latter. They shall not work
concurrently as university principals. The Prime Minister shall appoint and
dismiss deputy directors at the proposals of the National University directors.
The deputy directors office term shall coincide with the directors term.
Article 10.- Regarding
organization and personnel, the National University directors shall have the
following powers and responsibilities:
1. To submit to the Prime Minister for decision
the following tasks after consulting with the Ministry of Education and
Training and concerned ministries and branches:
a/ The strategy, planning, five-year and annual
plans on the development of their National Universities.
b/ Schemes on establishment, dissolution, merger
or splitting of universities and research institutes in their National
Universities.
2. To decide on the establishment, dissolution,
merger or splitting of units mentioned in Clauses 3 and 5 of Article 8. To
decide on the establishment, dissolution, merger or splitting of units
mentioned in Clause 4 of Article 8 and Clause 2 of Article 13 on the basis of
the resolutions of the National University Councils; to define the functions,
tasks, powers and organizational structures of units mentioned in Clauses 3, 4,
5 and 6, Article 8, and Clause 2, Article 13 of this Regulation;
3. To appoint and dismiss vice-principals of
universities at the proposals of the principals; deputy directors of research
institutes at the proposals of the directors; appoint and dismiss heads and
deputy-heads of units mentioned in Clauses 3, 4, 5 and 6, Article 8 of this
Regulation;
4. To approve the Regulations on organization and
operation of universities and research institutes of their National
Universities, which are compliant with this Regulation;
5. To submit to State management bodies for
approval schemes on the establishment of organizations mentioned in Clause 6,
Article 8 of this Regulation.
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Each university shall be an organization having
the legal person status, its own seal and accounts.
Article 12.- Research
institutes belonging to the National Universities shall have the function of
conducting scientific and technological research, development and application;
providing master�s
and doctoral training according to the States regulations.
Each research institute shall be an organization
having the legal person status, its own seal and accounts.
Article 13.-
Universities and research institutes belonging to the National Universities
shall each have the following units:
1. Functional sections to assist the principal
or director;
2. Departments attached to the university,
topical research sections attached to the research institute;
3. Laboratories, research centers, libraries,
documentation rooms, botanical gardens, animal enclosures, practice workshops;
4. Basing themselves on the demands and tasks in
service of pedagogic research and experimentation, of fostering gifted students
as well as creating high-quality training sources for the National
Universities, the universities may open general practice schools and
specialized schools according to the regulations of the Ministry of Education
and Training.
Article 14.- Each
university shall have one principal and several vice-principals. The university
principals shall take responsibility for all activities of their universities,
act as legal representatives of the universities in their relations with
organizations and individuals inside and outside the country.
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The Minister of Education and Training shall
decide on appointment of university principals and research institute directors
at the proposals of the National University directors.
The competence to appoint or dismiss
vice-principals of universities or deputy directors of research institutes
shall comply with the provisions in Clause 3, Article 10 of this Regulation.
University principals and institute directors
shall hold office for a five-year term but not for more than two consecutive
terms. The office term of vice- principals of universities or deputy directors
of research institutes shall coincide with the university principals or
institute directors term.
Article 15.- The
university principals and institute directors shall decide on the establishment
and dissolution of units mentioned in Clauses 1 and 3, Article 13 of this
Regulation.
The university principals shall decide on the
training structure and organization, academic (study subjects) units of
departments; the institute directors shall decide on the scientific research
structure and organization of specialized laboratories.
The university principals and institute
directors shall appoint and dismiss heads and deputy heads of units attached to
their universities or institutes.
Article 16.- The
National University Councils
1. The National University Councils shall
collectively resolve the following matters:
- Development strategy, planning and plans;
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- Regulations and rules mentioned in Clause 4 of
Article 19, Clause 2 of Article 21, and Clause 1 of Article 28 of this
Regulation.
2. A National University Council shall include
the natural members being the director, the Party Committee secretary and
deputy directors of the National University, principals of universities and
directors of research institutes of the National University.
Other members shall be capable and prestigious
scientists, educators and education administrators inside and outside the
National University and elected by the natural members of the Council. The number
of these members shall account for no more than 30% of the total number of the
Councils members.
3. The director of a National University shall
act as chairman of the National University Council, who shall promulgate the
Councils operation regulation, issue decisions to appoint the Councils
secretary and members. The National Universitys office shall assist the
National University Council in its work. The National University Council may
use the seal of the National University. The office term of the National
University Council shall coincide with the directors office term.
4. A meeting of the National University Council
shall be valid when it is attended by at least two thirds of the Councils
members. Resolutions of the National University Council shall be legally valid
only when they are unanimously approved by more than half of the total number
of its members or by half including the Councils chairman.
The National University directors shall have to
implement resolutions of the National University Councils regarding the
contents specified in Clause 1 of this Article.
Article 17.- The
Science and Training Councils
The Science and Training Council of each
National University shall act as the body advising the director on training and
scientific research activities, and shall be set up by the National University
director.
1. Members of the Science and Training Council
of each National University shall include:
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- Several deputy directors and several heads of
functional departments;
- Principals of the universities and deans of
the departments attached to the National University;
- Directors of the research institutes and
directors of several research centers attached to the National University.
- Several lecturers and scientists inside and
outside the National University.
2. The National University director shall issue
decisions to appoint the chairman, vice-chairmen, secretary and members of the
science and training Council.
3. The office term of the Science and Training
Council shall coincide with the directors office term. Its operation regulation
shall be promulgated by the National University director.
Article 18.- Each
university or research institute shall have a Science and Training Council. The
office term of such Council shall coincide with the office term of the
university principal or institute director.
The Science and Training Councils are tasked to
advise the university principals or institute directors on training and
scientific research matters.
The university principals and institute
directors shall decide on the composition and promulgate the regulations on
operation of the Science and Training Councils, which are compliant with the
universities and research institutes organization and operation regulations
already approved by the National University directors.
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Article 19.- On the
basis of the States standard titles, the National Universities may arrange
their officials and employees according to public employees ranks.
1. Annually, the National Universities shall
have to elaborate plans on, defend and receive the payroll quotas as well as
the salary funds from the Government Commission for Organization and Personnel
and report them to the Ministry of Education and Training (for their attached
universities and departments) and to the Ministry of Science, Technology and
Environment (for their attached research institutes and centers).
2. The National Universities may organize
examinations for recruitment of public employees, examinations for promotion to
the experts or equivalent rank, examinations for promotion to the rank of
principal lecturer, principal expert or principal researcher for their public
employees according to law provisions. The National University directors shall
issue decisions to appoint or dismiss lecturer, researcher, expert and equivalent
titles; to appoint or dismiss principal lecturer, principal researcher,
principal expert and equivalent titles.
3. The university principals and research
institute directors shall be responsible for arranging jobs for and managing
lecturers, researchers and administrators and service staffs in their
respective units.
4. Basing themselves on the resolutions of the
National University Councils, the National University directors shall
promulgate regulations on the use and appointment of lecturers and researchers
at their attached universities, research institutes, departments and research
centers.
Article 20.- Interests
and obligations of public employees of the National Universities
Apart from the interests and obligations
prescribed in the Ordinance on Public Employees, the public employees of the
National Universities shall also have the following interests and obligations:
1. They may contribute opinions on the
settlement of important matters of the National Universities and relevant
issues as prescribed in the Governments Decree No. 71/1998/ND-CP of September
8, 1998 issuing the Regulation on exercise of democracy in activities of
agencies, may have access to training, scientific and technological research
and public services of the National Universities.
2. Lecturers and researchers of the National
Universities shall be provided with organizational conditions as well as
material and technical bases for their professional activities; may opt for
methods and means suited to their capabilities so as to ensure high quality in
their training and scientific research work; may participate in scientific
research programs and projects; be provided with conditions to raise their
professional qualifications and obtain new knowledge by their National
Universities.
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Article 21.- The
contingent of lecturers and researchers of the National Universities shall
embrace those who are on the payroll and those who are invited from agencies
outside the National Universities.
1. The National University directors, the
university principals and the research institute directors may invite excellent
professors, scientists and specialists inside and outside the country to
participate in lecturing and conducting scientific research in the National
Universities; send their employees to work, teach, study or cooperate on research
activities inside and outside the country in accordance with law provisions.
2. Basing themselves on the resolutions of the
National University Councils, the National University directors shall
promulgate regulations on application of special allowance regime to their
exceptionally excellent lecturers and researchers.
Article 22.- Regarding
the appointment of the titles of professor, associate professor and the
consideration and award of honorary titles to those who have made great
contributions to the development cause of the National Universities, the
National University directors shall have to:
1. Submit to the State Council of Academic
Titles for consideration the appointment of titles of professor and associate
professor to public employees of the National Universities.
2. To submit to the concerned ministries and
functional agencies for consideration the award of honorary titles for those
who have made great contributions to the development cause of the National
Universities.
Article 23.- On the emulation,
commendation and conferment of the titles of People’s Teacher and Emeritus
Teacher
The National Universities may work directly with
the State Institute for Emulation and Commendation in proposing to the State to
consider the commendation of collectives and individual public employees of the
National Universities; with the Central Council for Conferment of the Titles of
People�s Teacher and
Emeritus Teacher in considering and conferring the teacher titles to public
employees of the National Universities.
Chapter III
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Article 24.- The
teaching language in the National Universities is the Vietnamese language. In
programs of cooperation with foreign countries, programs of training in foreign
languages and cultures or in a number of other study branches, the National
University directors may decide to permit the teaching in a foreign language.
Article 25.- Regarding
the training branches
1. The National Universities may open branches
and provide training according to the Socialist Republic of Vietnams list of
training branches (called the State training list for short) at the tertiary,
masters and doctoral levels once they meet all the requirements prescribed in
Clauses 1 and 2, Article 2 of this Regulation as well as the conditions set by
the Ministry of Education and Training, report them to the Ministry of
Education and Training for monitoring and synthetization; register with the
Ministry of Education and Training the trial opening of new training branches
or the change in or rearrangement of existing training branches; and, at the
expiry of the trial time, report and propose to the Ministry of Education and
Training to make assessment of such new branches and officially incorporate
them in the State training list.
2. The universities, research institutes,
departments and centers attached to the National Universities may provide
training according to the scientific, technological and professional fostering
programs.
3. The organization of compilation, approval,
printing and distribution of textbooks of the National Universities shall
comply with the provisions in Clause 2, Article 7 of the Government�s Decree No. 43/20003/ND-CP
of August 30, 2000 specifying and guiding a number of articles of the Education
Law.
Article 26.- On programs
and course books
1. Basing themselves on the framework program of
the Ministry of Education and Training, the National Universities shall lay
down basic principles to ensure the inter-relations among study branches and
training degrees within each National University.
2. Basing themselves on the framework program of
the Ministry of Education and Training and the regulations of the National
Universities, the university principals shall organize the formulation of,
evaluate and promulgate the educational programs of their universities
according to the provisions in Clause 3, Article 8 of the Governments Decree
No. 43/20003/ND-CP of August 30, 2000 specifying and guiding a number of
articles of the Education Law.
3. The university principals shall organize the
compilation and approval of specialized course books of the training branches
of their universities on the basis of the evaluation of the Course Book
Councils set up by themselves.
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Article 27.- On
enrolment.
1. The National Universities shall make annual
enrolment plans for their attached universities and departments, report them to
the Ministry of Education and Training and the Ministry of Planning and
Investment and receive enrolment quotas according to the Governments
regulations.
2. Basing themselves on the general regulations
of the Ministry of Education and Training applicable to tertiary and
postgraduate training establishments, the National University directors shall
formulate and promulgate their own regulations and procedures for selection and
recruitment of pupils, students, masters�
students and doctoral students according to the assigned enrolment quotas.
3. The National University directors shall
direct the enrolment work of the universities and departments attached to their
National Universities.
Article 28.- On
organization of training
1. Basing themselves on the general regulations
of the Ministry of Education and Training, the National University directors
shall promulgate regulations on study, training process, training organization,
tests, examinations, graduation recognition, (hereinafter called the Training
Regulation), tertiary, masters and doctoral levels for their National
Universities, ensuring inter-relations and integration in training and
scientific research among the training establishments and research institutes
of the National Universities.
2. The university principals shall specify the
implementation of the Training Regulations of the National Universities,
organize and manage the entire training process as follows:
a/ Keeping files on and directly managing
students, masters students and doctoral students of the universities;
b/ Organizing the elaboration and evaluation of
training plans and timetables for each year and each course;
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d/ Keeping study results of students, masters
students and doctoral students;
e/ Considering and deciding on cases of change
from one university to another, study continuation, study discontinuation,
absence from school for a definite time, expulsion from study and reservation
of enrolment results;
f/ Considering and proposing students to study
abroad according to the assigned quotas and self-financing regime;
g/ Commending or disciplining students.
3. The university principals shall approve and
issue training plans of their universities and report them to the National
University directors.
4. The setting up of boards to mark doctoral
theses, masters dissertations, bachelors graduation papers, engineers papers at
the universities; to mark doctoral theses at the research institutes shall
comply with the Training Regulation mentioned in Clause 1 of this Regulation.
Article 29.- On
diplomas and certificates
1. The competence to issue diplomas is
prescribed as follows:
a/ The National University directors shall
issue:
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- Honorary doctoral diplomas or honorary
professor titles to scientists, educators and social activists inside and
outside the country according to the Governments regulations;
- Masters diplomas to those who have been
trained in pilot and inter-disciplinary training branches and those who have
been trained at the departments attached to the National Universities;
- University graduation diplomas to those who
have been trained at the departments attached to the National Universities.
b/ The university principals shall issue masters
diplomas, university graduation diplomas and certificates to those who have
been trained at the universities.
2. The National Universities shall be entitled
to print different types of diploma and certificate in separate forms
compatible with the States system of diplomas and certificates.
Article 30.- On pupils
and students
1. Any Vietnamese and foreign people who meet
all conditions as prescribed by the State may study and conduct research at the
National Universities.
2. The National Universities shall formulate
their Regulations on the Pupils and Students Work, which are compliant with
their Training Regulations.
3. Pupils, students, masters students and
doctoral students of the National Universities shall have to fulfill their
obligations and have their priority interests ensured in their study,
scientific research and daily life so as to bring into the fullest play their
talents and intellect.
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5. The National Universities shall be entitled
to admit students and masters students from other training establishments.
Students and masters students who are studying at the National Universities may
change to study at other training establishments according to the regulations
of the Ministry of Education and Training.
Chapter IV
SCIENTIFIC AND
TECHNOLOGICAL RESEARCH ACTIVITIES
Article 31.- The
National Universities shall conduct scientific research and technological
development, combine training with scientific research, production and
provision of scientific and technological services in accordance with the
Science and Technology Law and the Education Law, participate in research to
solve questions posed by our country’s socio-economic requirements, participate
in advising the central and local State management authorities on policies and
measures to implement such policies.
The National Universities, research institutes
and universities shall be entitled to cooperate on scientific research with
institutes and universities inside and outside the country and with
international organizations.
Article 32.- Mode of
performing scientific and technological tasks
Scientific and technological tasks of the
National Universities, of their attached institutes and universities, which are
funded with the State budget or financed with the scientific and technological
development funds, shall be organized in the forms of program, scheme or
project and in other forms, and implemented by the mode of direct selection or
assignment in accordance with the Governments regulations and the provisions of
the Science and Technology Law.
Article 33.- On
formulation of scientific and technological research plans
1. The National University directors shall
organize the formulation of strategic orientations, annual, mid-term and
long-term plans for scientific and technological activities of their National
Universities. The National Universities shall directly register with and defend
their annual and long-term scientific and technological plans before the
Ministry of Science, Technology and Environment.
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2. The research institute directors and the university
principals shall organize the formulation of strategic orientations, annual,
mid-term and long-term plans for scientific and technological activities of
their units, report them to the National University directors for incorporation
into the general activity plans.
The research institute directors and the
university principals shall identify scientific and technological tasks of
their institutes and universities.
Article 34.-
Organization and management of scientific and technological research
1. The National University directors shall
direct the implementation of scientific research projects, trial production
projects, international cooperation projects and State-level development
projects according to the States regulations.
2. The National University directors shall
examine, manage and test before acceptance, the research institute directors
and the university principals shall participate in managing and organizing the
implementation of scientific research projects, trial production and experimental
projects, international cooperation projects and National University-level
development projects.
3. The National University directors shall
personally organize the implementation of State-level scientific and
technological programs, State-level projects, multi-domain and large-scale
National University-level projects.
4. The research institute directors and the
university principals shall examine, manage and test before acceptance
institute- or university-level scientific research projects, trial production
and experimental projects, international cooperation projects and development
projects.
5. The universities shall organize and manage
scientific research activities of their students.
Article 35.- On
scientific information, equipment and facilities
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2. The research institutes and universities
shall organize, manage and supply their own scientific and technological
information sources, participate in the general information and library systems
of the National Universities, exercise intellectual property rights at their
units.
3. The National Universities shall formulate and
manage projects to enhance equipment and facilities for training, scientific
and technological activities on the National University scale, manage and coordinate
activities of their common central libraries and key national libraries based
in the National Universities.
4. The research institutes and universities
shall formulate and manage target programs and projects to enhance equipment
and facilities for their training, scientific and technological activities,
participate in formulating and managing projects to enhance equipment and
facilities, central libraries or key national libraries.
Chapter V
FINANCE AND MATERIAL
BASES
Article 36.- The
National Universities shall act as coordinating units and be assigned annual
plan quotas.
The estimation, allocation and manage of the
budgets of the National Universities shall comply with law provisions.
Article 37.- Financial
sources supplied to the National Universities shall include:
1. The State budget (including also foreign aids
and loans).
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3. Revenues from scientific research, technology
transfer, trial production activities and services.
4. Contributions from organizations and
individuals.
5. Other lawful financial sources as prescribed
by law.
Article 38.- The
universities, research institutes and units attached to the National
Universities shall enjoy financial autonomy and perform financial management
according to law provisions.
Article 39.- The
National University directors shall manage, guide and examine cost-drafting
units attached to their National Universities so that they can use financial
sources according to law provisions.
Article 40.- On
material bases
The National Universities shall formulate
general plannings on development of their material and technical bases; build
up and manage technical and material bases for common use in training and
scientific research; direct their attached units to build up, manage and
administer their technical and material bases in service of training and
scientific research on the basis of the assignment of management responsibility
by the National Universities.
Chapter VI
INSPECTION, SUPERVISION,
COMMENDATION AND DISCIPLINING
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1. The Ministry of Education and Training and
other ministries and branches shall, within the scope of their assigned functions
and competence, have to inspect and supervise the National Universities in
their implementation of this Regulation and their observance of other relevant
legal documents on activities of the National Universities.
2. The National Universities shall conduct
internal inspection and supervision of the complaint and denunciation
settlement; of the implementation of regulations on and procedures for
organization of education and training activities; of the diploma and
certificate management and issuance.
The National Universities shall inspect and
supervise their attached units in the implementation of this Regulation.
Article 42.-
Commendation and disciplining
1. Commendation
Collectives, individual public employees,
pupils, students and graduate students of the National Universities, who have
made outstanding achievements in training activities; scientific and
technological research activities and study or have made contributions to the
education cause, shall be commended and rewarded according to the State’s
regulations.
2. Disciplining
Public employees, pupils, students and graduate
students of the National Universities, who commit acts of violating this
Regulation shall, depending on the nature and seriousness of their violations,
be disciplined, administratively sanctioned or examined for penal liability
according to law provisions.
Chapter VII
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Article 43.- The
National Universities may directly work with the ministries, the ministerial-level
agencies, the agencies attached to the Government and the People’s Committees
of the provinces and centrally-run cities in settling matters related to the
National Universities.
When necessary, the National University director
may report to the Prime Minister on matters related to the operation and
development of their National Universities.
Article 44.- The
National University directors, the principals of the universities and the
directors of research institutes under the National Universities shall be
entitled to sign cooperation documents with foreign universities, research and
training organizations in accordance with law provisions.
The National Universities may directly work with
competent State management bodies to carry out entry or exit procedures for
their officials, lecturers, employees and students as well as foreign guests
invited by the National Universities.
The National University directors shall direct
their National Universities’ international relation activities according to the
State’s regulations; annually or when necessary report on the international
relation activities of their National Universities to the Ministry of Education
and Training and the Ministry for Foreign Affairs.
Chapter VIII
IMPLEMENTATION
PROVISIONS
Article 45.- This
Regulation takes effect 15 days after its signing. The Regulation on
organization and operation of Hanoi National University, issued together with
the Prime Minister’s Decision No. 477/TTg of September 5, 1994 and Regulation
on organization and operation of Ho Chi Minh City National University, issued
together with the Prime Minister’s Decision No. 185/TTg of March 28, 1997, and
other regulations on organization and operation of the National Universities,
which are contrary to this Regulation, are hereby annulled.
Basing themselves on this Regulation, the
director of Hanoi National University and the director of Ho Chi Minh City
National University shall specify the organization and operation of their
respective National Universities and the assignment of management
responsibility between the National Universities and their member universities,
research institutes and other attached units.
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Article 46.- The
director of Hanoi National University and the director of Ho Chi Minh City
National University, the ministers, the heads of the ministerial-level
agencies, the heads of the agencies attached to the Government and the
presidents of the People’s Committee of the provinces and centrally-run cities
shall have to implement this Regulation.